- Accident with police car
- Failed Breath Test
An ignition interlock device is similar to a breathalyzer device. An ignition interlock device, however, is connected to a vehicle dashboard or other location inside a vehicle and requires that a driver breathe into the device prior to starting it. If the ignition interlock device detects the blood alcohol concentration of the driver to be above the programmed limit in the device, then the engine of the vehicle will not start.
In the state of Illinois, if you plead guilty to, are on supervision for or are convicted of DUI, you cannot have the DUI expunged or sealed. However, if you are able to get your charges dismissed or are found not guilty, then you can have your DUI arrest record sealed or expunged. A criminal record can have a serious impact on your future. It is in your best interests to retain experienced legal counsel in order to make an attempt at getting your DUI charges dropped and then working toward sealing and expunging your record.
If your charges are dropped or if you are found not guilty of DUI, this does not mean the DUI arrest will automatically be deleted from your record. If you want it completely cleared, you need to have your record sealed or expunged. If a criminal record is expunged, then it is completely destroyed or returned to you. If your record is sealed, then it is made unavailable to the public and you are generally not required to divulge its existence. However, you record may still be available to law enforcement officials or court personnel.
After a DUI arrest, it is imperative that you contact a qualified attorney to represent you. If you believe that pleading guilty and paying your fine will get the experience over with quickly, you are wrong. A DUI will linger on your record and can have a serious ramifications down the road. Employers can see a criminal record when doing background checks, and a DUI arrest, whether you were convicted or not, will not look good. In addition to the effect it can have on future employment, a criminal record can also interfere with establishing credit, getting a loan or applying for housing or school. Chicago DUI attorney Fred Dry has over 35 years experience working with DUI cases, and will aggressively defend your rights. If your charges are dismissed or dropped, you can then work together toward sealing or expunging your record so that your DUI arrest will no longer be visible during a background check.
You do not have to take or attempt to take another person’s property in order to be charged with burglary. A person can be charged with burglary under Illinois law simply for entering another person’s property with the intent to commit a felony or theft. The property can by any building, house trailer, watercraft, aircraft, motor vehicle or railroad car. However, if a person enters a property without permission without the intent to commit a felony or theft, that person may only be charged with trespass or criminal trespass.
Generally, burglary is a Class 2 felony and is punishable by 3 to 7 years in prison and/or a fine of up to $25,000. If the burglary took place at a business such as a daycare, or at a place of worship, then it can be elevated to a Class 1 felony, which is punishable by 4 to 15 years in prison and/or a fine of up to $25,000. If it is a residence, a mandatory minimum sentence of four years applies.
Interviewer: What does that mean, to expunge something?
Fred Dry: Expunge means to erase the record.
According to Chicago lawyer Fred Mark Dry, Illinois crimes are broken down into two major groups – felonies and misdemeanors. A crime punishable with incarceration for less than one year is a misdemeanor while all other crimes are considered felonies.
Misdemeanors are criminal offenses that are more serious than petty offenses but less serious than a felony. Misdemeanors are punishable by a fine or incarceration in a local jail, or both.
According to Illinois criminal law, Domestic Battery is when a person knowingly or intentionally causes physical harm to a family member. If you or a loved one has been charged with domestic battery, don’t wait to call Chicago criminal defense lawyer or Chicago criminal defense attorney. Domestic battery cases that don’t seem serious can result in serious penalties!
Additionally, domestic battery also includes if a person makes insulting or provocative physical contact with a family member against his or her will. Aggravated domestic battery is when the physical harm is so great that it disfigures or disables the family member.
Chicago criminal lawyer Fred Mark Dry explains the differences and possible punishments of criminal sexual abuse and assault versus aggravated sexual abuse and assault in Illinois. For more information or to discuss Illinois sex crimes and charges, speak with a competent Chicago criminal law attorney.
Sex between two consenting persons who are under 17 years of age is a very serious criminal offense under Illinois law. Sex between two minors is criminal sexual abuse, it does not matter if the persons involved are in a relationship together or if they have willingly engaged in sexual intercourse.
Police officers are normally not allowed to search a car during traffic stops, however it can be easy to give the officer a valid reason to search a car if the driver is not careful. If an officer observes a driver trying to hide or throw something out of the window, the officer may legally search the car. If the driver appears to hunch down in their seat, the officer may reasonably believe they are hiding something under the seat. The above are only a few examples of driver behavior that can provide the officer with a valid reason to search a car.
Chicago DUI Attorney Fred Mark Dry comments on news item in www.14News.com about teen getting hurt and charged with DUI after Hamilton County, IL car accident.
The article provides few details about the case. If he was found behind the wheel, it is evident that he was the driver. The person who ran away would probably confirm that. However, if the police are relying on the hospital blood test at the time of his treatment to prove the alcohol content of his blood, it would be necessary for the driver’s attorney to determine the hospital’s protocol for making such a determination. Sometimes, the manner of taking the blood interferes. Sometimes, the test process fails. For example, the blood sample gets mixed up. Sometimes, the scientific expression of the result is presented in a misleading way.